Alcoholic beverages belongs out of sight, smell, and sound, when a Virginia DWI suspect, says Fairfax criminal lawyer

Alcoholic beverages [AB] far away from a police officer’s eyes, nose and ears when you are a Virginia DWI suspect under Virginia Code § 18.2-266. . As a Fairfax DUI lawyer, I know that the simplest seeming of police stops even for such minor alleged moving violations / infractions as turning right on a no right turn sign, to police spell the chance to engage in a fishing trip for a possible DWI or drug arrest arrest. The Supreme Court has greenlighted them permission to shine their powerful flashlights to illuminate your car’s interior, in their search for possibly a more serious catch than merely writing an infraction ticket. Some people are so reckless as to hand them a “look what I found” moment. Some things people do are no wiser than painting a target image on the backside of their blue jeans. Why do that? Why give law enforcement officers (LEO) such a visual vantage? If you are going to drink and drive, at least watch out about what a cop will see in plain view in your automobile’s passenger department.

Arresting for driving under the influence of beer, wine, other alcoholic beverages or drugs is a big focus of Fairfax and other Virginia cops

Driving under the influence of liquor and drug arrests are a major focus of Fairfax police and LEO throughout Virginia. If you are going to get stopped by police after drinking liquor or swallowing driving-impairing drugs, the least you can do for yourself is not to have the presence of visual, odiferous or aural evidence for a police DUI investigation. Police look for unsealed (and even sealed, for that matter) beer, wine and liquor containers in your LEO-stopped car both to support any prosecution for allegedly violating the Virginia DUI law, and as standalone evidence — for unsealed containers — for a non-jailable criminal charge of drinking while driving, which is a rebuttable presumption when “(i) an open container is located within the passenger area of the motor vehicle, (ii) the [AB] in the open container has been at least partially removed, and (iii) the appearance, conduct, odor of alcohol, speech, or other physical characteristic of the driver of the motor vehicle may be reasonably associated with the consumption of an [AB].” The presence of sealed and unsealed liquor containers is also used by Virginia police and prosecutors to argue that the defendant did in fact consumed liquor on the incident date. The odiferous evidence that police seek for Virginia DUI investigations of course is the smell of alcoholic beverages, whether coming from the driver’s breath or pores, or from anywhere else inside the vehicle. The allegations are many about my Virginia DWI clients allegedly swigging mouthwash, chomping on mints, and smoking cigarettes, allegedly in an effort to rid themselves of liquor smell, when my understanding is that peanut butter is a top product for effectiveness in at least masking liquor odor. A common aural evidence used by police for Virginia DWI investigations is allegedly slurred speech, which I so frequently do not hear on the police video, and am more than happy to play for the judge and jury to show the same (so long as the rest of the video is not damning to my client).

You have no business engaging in verbal diarrhea when a police suspect, whether for allegedly violating the Virginia DUI law or otherwise

Alcoholic beverages can act as a truth serum with many people, including overtalking, when police suspects should communicate no more than with the austerity of haiku, if even that much. Many criminal suspects cannot stand silence in the first place. If they do not initiate or respond to talk with LEO, police suspects risk being immersed for at least a little while in silence. A few hours of silence and boredom are much more desirable than suffering from a stronger Fairfax DUI or Virginia DWI prosecution.

Obtain a qualified Virginia DUI lawyer sufficiently in advance of your trial date

Your qualified Virginia DWI lawyer is your only friend in the courthouse as a Fairfax DUI or DWI defendant anywhere else in the commonwealth, charged with driving under the influence of alcoholic beverages or drugs. Yes, your personal friends and family are on your side — or at least better be, or else do not invite them to your court date — but it is your qualified lawyer who will hopefully have the gumption, wits, drive, caring, and ability to help you see past the challenges in your case, and engage in the necessary persuasion and strategy for your liberty and reputation. Fairfax DUI lawyer Jonathan Katz has successfully defended hundreds of people accused of DUI offenses. He will unflinchingly pursue your best defense. Find out how, through your free initial in-person confidential consultation with Jon about your court-pending case. Call 703-383-1100 to set your appointment.